Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Hylton Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

[The Earl of Sandwich (CB) [V]]

My Lords, here we are again. I recall many occasions like this in the past, and I see some familiar faces. This is my first intervention on this Bill, and in view of what has already been said, I will be very brief.

As we have heard, these amendments contain the accumulated wisdom of several legal experts and several trusted organisations over many years. Put simply, not only is it wrong and inhumane under our normal rules and customs to lock up detained people for long periods, we do not have to do it, except in very few cases. The right reverend Prelate made it clear that people must not be locked up indefinitely. Look at the consequences: the noble Baronesses, Lady Hamwee and Lady Lister, mentioned cases of self-harm, trauma and suicide.

No one should be redetained. Removals are necessary—they have to be done—but they must be arranged more efficiently so that the relevant documents are in place. If they cannot be so arranged, and removal is not imminent, there must be an automatic bail hearing with judicial oversight.

This generous amendment, which has been carefully crafted, provides six months’ grace for the Government and will save them a lot of money. I know immigration is causing a lot of problems, but surely the Home Office should finally accept this amendment now or before we have a vote on Report, which otherwise seems inevitable.

[Lord Hylton (CB) [V]]

My Lords, I apologise for not taking part in this Bill until now—perhaps a relief to your Lordships. However, I would like to emphasise that the hybrid proceeding is no way to conduct the Committee stage of a Bill with so many implications. I asked the usual channels to look seriously at what the noble Lord, Lord Cormack, said last Monday on returning to more normal procedures.

I support Amendment 39 and the others in this group. In connection with bail, is there now a backlog in applications for bail from immigration detainees? If so, what are the Government doing to ensure that such applications are promptly heard?

These amendments point to a much wider need to reduce the use of immigration detention, which is expensive and harms the mental health of detainees, sometimes leading to suicide. I understand that the UK is the only European state to allow detention for an unlimited period. Even in the case of foreigners convicted and jailed, with a recommendation for deportation, better co-ordination between the Ministry of Justice and the Home Office should ensure that deportation takes place immediately on release from prison. I hope to have a positive reply on this point to a Question for Written Answer recently tabled.

In conclusion, I note that the June report from the National Audit Office stated that total voluntary and forced returns to other countries had fallen dramatically since 2015. This is perhaps understandable, given coronavirus and a lack of flights. The report also spotted regional variations in enforcement. Much intelligence is still not being assessed or used. I trust, therefore, that enforcement will soon improve and that official statements will avoid terms that increase fears and xenophobia, such as the labelling of all unofficial landings or arrivals as “illegal”. I trust that progress will be made on all angles of this group before Report.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

The noble Baroness, Lady Jolly, does not wish to speak. I call the noble Lord, Lord Kennedy of Southwark.